Spier v. Barke N.Y. Ct Of App.,

35 N.Y.2d 444, 363 N.Y.S.2d 916, 323 N.E.2d 164 (1974)

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Nature of the Case

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Facts

Barker's (D) tractor-trailer negligently hit Spier's (P) car. P was not wearing her seat belt. P was ejected from her car and then pinned under it when it rolled over her. P sued D. D's expert testified that if P had been wearing a seat belt, she would not have been ejected from her automobile. The court instructed the jury, 'If you find that a reasonably prudent driver would have used a seat belt and that she would not have received some or all of her injuries had she used the seat belt, then you may not award any damages for those injuries you find she would not have received had she used the seat belt.' The jury verdict was for D. The Appellate Division affirmed P appealed.